FLSA Delays - 2016

Published November 29, 2016

The Fair Labor Standards Act (FLSA) revisions are delayed because of a court challenge. At this time, UB will be postponing any changes to salaries and time reporting that have not yet been processed. All employees will continue to report their time in the systems and processes as they currently do.

Background Information

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“UB will be postponing any changes to salaries and time reporting that have not yet been processed.”

Mark Coldren, Associate Vice President

UB Human Resources

UB has been preparing for changes to the Fair Labor Standards Act (FLSA) - specifically the eligibility for overtime rule. These changes were scheduled to take effect on Dec. 1, 2016.

There were positions identified that would impact employees on the State, Research Foundation and UB Foundation payrolls. Human Resources has been working with individual departments to work through potential changes. Those changes could be reflected in salary adjustments or in the reporting of work time and eligibility to receive overtime.

Late in the evening on Tuesday, 11/22, a U.S. District Court judge from Texas issued a preliminary injunction postponing the effective date of the U.S. Department of Labor (DOL)’s overtime rule. The judge issued the injunction in response to a legal challenge brought by a coalition of more than 50 business groups and 21 state attorneys general. The rule was scheduled to go into effect on Dec. 1. DOL likely will appeal this ruling quickly, however it is uncertain how long the appeal may take.

At this time, UB will be postponing any changes to salaries and time reporting that have not yet been processed. All employees will continue to report their time in the systems and processes as they currently do.

As you can imagine, this is a dynamic and fluid situation. We will continue to gather information and share it with you as we determine when there is more clarity for our actions. If you have further questions on a specific situation, please call either Mark Coldren, Jamie Bluhm, or Bob Palmer.